NUTAN KUMAR Vs. IIND ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) The petitioners are the landlord and had filed a suit for arrears of rent and for the ejectment of respondent No. 3, who was a tenant in the premises in dispute. The Judge Small Cause Court after determining the points in issue, recorded a finding that the tenant was in arrears of rent and that he had committed a default and further held that the notice issued under Section 106 of the Transfer of Property Act, was a valid notice determining the tenancy. The Judge Small Cause Court, however, dismissed the suit on the ground that the landlord had entered into a contract of tenancy with the tenant and this contract of tenancy was void and was in violation of the provisions of U. P. Act No. 13 of 1972.

(2.) Aggrieved by the decision of the Judge Small Cause Court, the petitioners filed a revision before the District Judge, which was also dismissed on the same point. The revisional Court, however, affirmed the finding with regard to the validity of the notice and also with regard to the default in the payment of rent. The petitioners thereafter filed the present writ petition challenging the orders of the court below. Before this Court, the learned single Judge referred the matter to a Full Bench of this Court, referring two substantial questions of law, namely :

(3.) The Full Bench gave its opinion dated 20.5.1993, answering the aforesaid two questions as under :